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njcourts.gov
… F. Burke argued the cause for respondent Lorna Peart (Law Office of Donald F. Burke, attorneys; Donald F. Burke and … Newark's (City) Rule 4:6-2(e) motion to dismiss plaintiff's complaint. Judge Jeffrey B. Beacham entered the order and … D.D. v. Univ. of Med. & Dentistry of N.J., 213 N.J. 130, 147 (2013). An "abuse of discretion only arises on …
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njcourts.gov
… build a wastewater treatment facility to serve a proposed office development on property it owns in Tewksbury. The … for further proceedings. I We summarize the pertinent facts. Bellemead's property is located in an area of … to those who testified at the public hearing and other commenters that it had granted Bellemead's request for an …
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njcourts.gov
… claims against her and denying her motion to dismiss the complaint for failure to provide an AOM. We affirm both … morning of August 6, 2018, plaintiff called Dr. Meslin's office and spoke with Junod. Junod is a licensed practical … unknown nurse, and Virtua Group. After conducting some discovery, plaintiff dismissed the claims against Dr. Meslin and …
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njcourts.gov
… also contends that the trial court failed to merge two offenses at the time of sentencing. After a review of the … a CDS, N.J.S.A. 2C:35- 10(a)(1) and 2C:2-6. We derive the facts from the testimony presented at the suppression … tractor trailers. The vehicle was facing outwards towards incoming traffic so that its occupants could see vehicles …
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njcourts.gov
… testimony, he would have accepted the State's plea offer. The PCR court concluded after an evidentiary hearing … prong, an "erroneous strategic prediction about the outcome of a trial is not necessarily deficient performance." … by an assistant public defender. She obtained discovery, which included the victim's hospital records, and …
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njcourts.gov
… SCHAFER, Plaintiffs, v. ACRISURE, LLC, d/b/a BECKERMAN & COMPANY, Defendants, and LOUIS BECKERMAN & COMPANY, INC., … plaintiffs' insurance carrier that issued their Directors & Officers (D&O) policy of the pending claims and liability … this standard of review, we describe the following salient facts. In 2009, Beckerman recommended plaintiffs obtain a …
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njcourts.gov
… Argued January 26, 2017 – Decided Before Judges Hoffman, O'Connor and Whipple. On appeal from Superior Court … The couple had a son and a daughter. Plaintiff filed a complaint for divorce on January 7, 2009, citing … fees, the court split the remaining money from the sale, $6309.50, equally between the parties. Plaintiff had …
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njcourts.gov
… Submitted September 24, 2019 – Decided Before Judges Hoffman and Firko. On appeal from the Superior Court of New … place, victim and the manner in which the offenses were committed." The Middlesex County offenses arose from a "car … Miles, 229 N.J. at 93 (quoting Blockburger, 284 U.S. at 304). If each statute requires proof that the other does …
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njcourts.gov
… and sentence on direct appeal, see State v. Brown, No. A-4230-12 (App. Div. Nov. 16, 2015) (slip op. 3 A-2502-22 at 2) … three); second-degree possession of a weapon during the commission of certain crimes, N.J.S.A. 2C:39-4.1(a) (count four); and second-degree offense of certain persons not to have weapons, N.J.S.A. …
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njcourts.gov
… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0962-21 STATE-COMM, LLC, Plaintiff-Appellant, v. AXIS INSURANCE COMPANY, … stated she did not believe the application to be an "official document" and the information "didn't come to . . . … R. 4:46-2(c); Brill v. 5 State-Comm also indicates discovery was incomplete. This argument was not raised in a point …
njcourts.gov › attorneys › administrative directives
… counsel often fails to call the court's attention to this fact, so that the Appellate Division is not aware of the … advise the clerk of the Appellate Division whenever it comes to your attention that an appeal has been taken in a …
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Non 2C
Charges Document PDF
njcourts.gov
… Revised 4/15/13 Page 1 of 1 FRESH COMPLAINT: SILENCE OR FAILURE TO COMPLAIN1 The law recognizes that stereotypes about sexual … [complaining witness’s] credibility based solely on the fact that [he or she] did not complain about the alleged …
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Non 2C
Charges Document PDF
njcourts.gov
… It is your duty, as jurors, to consult with one another and to deliberate with a view to reaching an agreement, if … You are not partisans. You are judges--judges of the facts. 1 When you feel a reasonable period of time has gone by subsequent to the delivery of your charge, be aware of N.J.S.A. 2C:1-9d(2). …
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Non 2C
Charges Document PDF
njcourts.gov
… is/are condition(s) of the mind which cannot be seen and can only be determined by inferences from conduct, words … of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary, members of the jury, … inference which may arise from the nature of his/her acts and his/her conduct, and from all he/she said and did at the …
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#11-70
Administrative Directives
njcourts.gov
… counsel often fails to call the court's attention to this fact, so that the Appellate Division is not aware of the … advise the clerk of the Appellate Division whenever it comes to your attention that an appeal has been taken in a …
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1.10G
Charges Document PDF
njcourts.gov
… 11/98) [The following suggested jury instructions are offered as assistance to judges in organizing their communications with juries. The Committee recommends that … influence your independent and impartial judgment of the facts of this case, I need to know if you recognize any of …
njcourts.gov
… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0306-24 MADELAINE WALLACE, Plaintiff-Appellant, v. MICHAEL J. … On the same day, the trial court also ordered plaintiff to complete an independent medical examination and produce … 2024. Plaintiff stated that counsel contacted Dr. Ahmed's office weekly before discovery expired, then daily …
njcourts.gov
… ICE), Plaintiffs-Appellants, v. OHIO SECURITY INSURANCE COMPANY, Defendant-Respondent. … a motion, we "must examine 'the legal sufficiency of the facts alleged on the 5 A-2678-20 face of the complaint,' giving the plaintiff the benefit of 'every reasonable inference of fact.'" Ibid. (quoting …
njcourts.gov
… 2013-B, and denying defendants' motion to dismiss the complaint and their subsequent motions for reconsideration. … of the indebtedness, and Palifrone's default after his delivery of a note to Schettino. He then addressed and rejected … payment issues and the amount owed, that's reserved for the Office of Foreclosure." After Palifrone unsuccessfully …
njcourts.gov
… ANGELINI, Plaintiffs-Respondents, v. RAILROAD CONSTRUCTION COMPANY OF SOUTH JERSEY, INC. and JJD ELECTRIC, LLC, … – Decided November 22, 2022 Before Judges Haas and Mitterhoff. On appeal from an interlocutory order of the Superior … law. [Capital Health Sys. v. Horizon Healthcare Servs., 230 N.J. 73, 79-80 (2017).] We also apply a deferential, …